Page 55 - TPA Journal September October 2022
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collective knowledge of the officers involved in round-up. And the government did not
the search and seizure operation.” This introduce into evidence the packet or any
doctrine applies “so long as there is ‘some details about the origin or timeliness of the
degree of communication’ between the acting information therein to show that it was
officer and the officer who has knowledge of premised on articulable facts.
the necessary facts.” Officers may conduct an
investigatory stop in reliance on information We do not blindly accept officers’ reliance on
issued through police channels, such as a information obtained through police channels;
wanted flyer or bulletin or a radio dispatch, if the government must substantiate the basis of
the information is based on “articulable facts the information. Because the government here
supporting a reasonable suspicion that the has not established reasonable suspicion that
wanted person has committed an offense.” could have been transferred between
But if the information “has been issued in the officers, the collective knowledge doctrine
absence of a reasonable suspicion, then a stop does not apply.
in the objective reliance upon it violates
the Fourth Amendment.” We REVERSE the denial of Alvarez’s motion to
suppress, VACATE his conviction and
Officer Deleon’s team could rely on the sentence, and REMAND for further
information in the round-up packet only “if the proceedings consistent with this opinion.
police who issued [the packet] possessed a U.S. v. Alvarez, No. 21-40091, 5 th Cir., July
reasonable suspicion justifying a stop.” But 13, 2022.
Deleon did not know who provided the ********************************************
information in the packet, and he only vaguely ********************************
described the investigation leading up to the
Sept./Oct. 2022 www.texaspoliceassociation.com • (512) 458-3140 51
